Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations 42529

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 209 and 211

[FRA Docket No. FRA–1999–5685, Notice

No. 7]

RIN 2130–AB33

Statement of Agency Policy

Concerning Jurisdiction Over the

Safety of Railroad Passenger

Operations and Waivers Related to

Shared Use of the Tracks of the

General Railroad System by Light Rail

and Conventional Equipment

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule and policy statement.

SUMMARY: FRA and the Federal Transit

Administration (FTA) have jointly

developed a policy concerning safety

issues related to light rail transit

operations that share use of the general

railroad system track with conventional

trains. That policy, published elsewhere

in today’s Federal Register, describes

how the two agencies will coordinate

use of their respective safety authorities

over shared track operations. FRA is

issuing its own separate policy

statement to describe the extent of its

statutory jurisdiction over railroad

passenger operations (which covers all

railroads except urban rapid transit

operations not connected to the general

railroad system) and explain how it will

exercise that jurisdiction. The statement

also explains FRA’s waiver process and

discusses factors that should be

addressed in any petition submitted by

light rail operators and other railroads

seeking approval of shared use of

general railroad system track.

DATES: This statement of policy is

effective July 10, 2000.

FOR FURTHER INFORMATION CONTACT:

Daniel C. Smith, Assistant Chief

Counsel for Safety, FRA, RCC–10, 1120

Vermont Avenue, NW., Mail Stop 10,

Washington, DC 20590 (telephone: 202–

493–6029) or David H. Kasminoff, Trial

Attorney, FRA, RCC–12, 1120 Vermont

Avenue, NW., Mail Stop 10,

Washington, DC 20590 (telephone: 202–

493–6043).

Introduction

DOT strongly encourages increased

use of railroads to serve the nation’s

passenger transportation needs. Many

communities are using or planning to

use railroad lines on which

conventional freight and passenger

trains operate to move commuters and

other passengers in ‘‘light rail’’ vehicles.

This development holds great promise

for enhancing transportation

alternatives in metropolitan and

suburban areas. However, this shared

use of conventional rail lines, which are

within FRA’s broad safety jurisdiction,

also poses some significant safety

issues. FTA provides a substantial share

of the funding for many of these

passenger operations, some of which

straddle the jurisdictional line between

FRA’s and FTA’s statutory safety

authority. Therefore, FRA and FTA have

decided to explain jointly, in a notice

published elsewhere in today’s Federal

Register, how they will work to ensure

that they exercise jurisdiction in a

complementary way over these shared

use operations. In this notice, FRA

explains in greater detail the extent of

its safety jurisdiction and how it will

exercise that authority in the shared use

context. FRA also explains how those

light rail operations that may desire

waivers of certain of FRA’s rules may go

about seeking such waivers.

This notice does not amend any of

FRA’s substantive safety rules or impose

any regulatory burdens not already

imposed by those rules. Those rules

cover a wide range of safety issues such

as equipment, track, signals, grade

crossings, and operating practices. By

their own terms, they already apply to

at least those rail operations, like those

addressed here, that occur on lines

where conventional trains operate.

Nothing in this statement expands the

applicability provisions of those rules.

The only rules that FRA is amending are

its statement of policy on safety

jurisdiction, found in appendix A to 49

CFR part 209, and 49 CFR part 211, to

which FRA is adding a new appendix

containing its statement of policy

concerning waivers related to shared

use of the general system. FRA believes

it is important to ensure that the

agency’s current thinking on these

subjects can be readily located in the

CFR.

Although agencies are not required to

provide notice and an opportunity to

comment on interpretive rules and

statements of policy, FRA did so here to

ensure that it had the benefit of the

views of interested parties in developing

its policy. Because of the substantial

overlap in subject matter between FRA’s

proposed statement of policy (published

November 1, 1999, at 64 FR 59046) and

the joint FRA/FTA statement (published

May 25, 1999, at 64 FR 28238), we

concluded it made sense to have the

comment periods on both statements

run concurrently. Therefore, we

extended the original comment period

on the joint statement to coincide with

the comment period on this statement

(64 FR 58124). Then, based on a request

from the major organization

representing rail commuter and transit

operations, we extended the comment

deadline again, to February 14, 2000.

We think this public process gave all

concerned ample opportunity to

develop and convey their views, and we

have spent a great deal of time

reviewing the many comments we

received.

I. Discussion of Comments

FRA received nearly 50 responses

concerning its proposed statement of

agency policy, including comments

from: state and local governments and

transportation authorities; transit

agencies; transportation planners and

consultants; citizen groups; a railroad

labor union; the association

representing the interests of

conventional railroads; and the

association representing the interests of

the rail transit industry. Discussions

follow with respect to the primary

issues raised by the commenters. In

light of the comments received, FRA has

reconsidered some aspects of its

proposed policy and has elected to

adopt certain portions of the policy

without substantive change from what

FRA proposed.

The commenters addressed many of

the important topics discussed in FRA’s

proposal, including the extent and

exercise of FRA’s jurisdiction, shared

use of the general railroad system of

transportation by light rail and

conventional rail equipment, shared use

of railroad rights of way by light rail and

conventional rail equipment, and the

nature of the waiver process involving

shared-use operations. Several

commenters applauded the agencies’

efforts to clarify how FRA and FTA will

exercise their respective authorities and

provide guidance on how to use FRA’s

waiver process in this context. Many

commenters had suggestions on how

FRA could improve its expression of its

policy, and a few simply opposed FRA’s

exercise of its jurisdiction, whether

generally over light rail operations on

the general system or specifically over

their own operation. The major themes

that emerged from FRA’s review of the

comments are as follows:

• FRA’s proposed definitional

distinction between ‘‘commuter

railroad’’ and ‘‘rapid transit,’’ which

involves determining the primary

purpose of the operation and whether a

substantial portion of the operation is

devoted to moving people within a

city’s boundaries, is viewed by some

commenters as improperly based in

FRA’s statutory authority or too vague.